Ex parte MONAHAN - Page 5




          Appeal No. 96-0640                                                          
          Application 08/127,178                                                      
          fillers to achieve” (Ans., p. 8).  We are struck by the dearth              
          of evidence to which the examiner points in support of his                  
          holding that mass-loaded coatings with a ratio of dense                     
          granular weighting material to adhesive matrix of                           
          approximately 3:1 by mass and processes for reducing the                    
          resonant frequency of a rigid element by applying said                      
          coatings, reasonably would have been obviousness to a person                
          having ordinary skill in the art in view Metzger’s teaching                 
          and applicant’s purported admission.                                        
               We find that Metzger reasonably would have taught persons              
          having ordinary skill in the art that soundproofing structures              
          may take the form of soundproof panels, sheets, films, putties              
          and spray coatings which comprise at least two parts by volume              
          of hollow microspheres, one part per volume of an adhesive                  
          binder, and optional fillers selected from “powdered lead or                
          aluminum and other fillers which have a high density”                       
          (Metzger, col. 4, l. 63-65).  See also Metzger, col. 3, l. 37-              
          45; col. 4, l. 62-65; and col. 5, l. 58, to col. 6, l. 42.                  
          However, we find no objective evidence in Metzger which would               
          have led persons having ordinary skill in the art reasonably                
          to expect that soundproof panels, sheets, films, putties or                 
          spray coatings comprising a dense granular weighting material               
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